United States v. Nelson Isaac Hasbun-Castro

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Nelson Isaac HASBUN-CASTRO, Defendant-Appellant. No. 91-10312. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. Decided July 31, 1992. MEMORANDUM ** Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 Nelson Isaac Hasbun-Castro appeals his sentence for possession with intent to distribute less than 100 grams of a substance containing heroin, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). Hasbun-Castro pled guilty to that offense pursuant to a plea agreement. 2 The record indicates that, as part of the plea agreement, Hasbun-Castro waived his right to appeal the sentence. An express waiver of the right to appeal in a negotiated plea agreement is valid if knowingly and voluntarily made. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). The plea agreement states: 3 My guilty plea is not the result of force, threats,…